Will a fence curb crime in Windermere parks?

The town of Windermere hosted a second virtual workshop to discuss Lake Street parks Tuesday, July 25. 

Town Manager Robert Smith reviewed his presentation made at the virtual public workshop on the parks Wednesday, July 12.

Smith said residents have reported behavior such as loud noise and drug use from those using the parks.

At the public workshop, residents expressed strong favorability for installing a fence to curb illegal activity in the town, as well as the possibility of requiring access codes for residents and sharing a fee for non-resident use. 

Smith said resolutions to the issues voiced by residents will require multiple lawyers, adjustments and modifications, as well as sweat equity.

Although the plan is to work toward minimizing and decreasing the impacts on the parks, Smith said the steps to do so may require some discomfort or extra steps for residents.

Smith also said the parks currently remain closed, because the town is still working with the Federal Emergency Management Agency to pay for the repairs needed at the parks. If the work was to be completed now, the money used would not be reimbursed.

“What we’re trying to do is reduce as much as possible the amount of discomfort that the adjacent property owners are experiencing right now due to the popularity of these parks,” Smith said. “It’s been both a heartache and a blessing to those residents that live right there because again with it closed it’s given them a little peace of mind and peace and quiet, but also it is not allowing the residents at large to be able to visit those parks, go in the water…”

TOWN TALKS

Resident Bob McKinley believes the installation of the fence would solve a majority of the problems occurring at the park. However, he believes regulation will continue to be difficult. 

“What’s been happening will probably continue to happen even with a metal roof,” McKinley said. “We have the signs posted, and I think from a legal standpoint, we’ve probably done what we need to do. You can’t fix stupid. Kids are going to be stupid; they’re going to do things. As long as you have it saying, ‘No diving, jumping,’ any of this, you’ve met, I believe, your legal obligation. … It’s just a nice area that the residents can enjoy. Unfortunately, word has gotten out about the place, especially during COVID, and with a lot of places being closed they found out about this place and kind of destroyed the idea behind it.”

Council Member Tony Davit believes the fence proposed in the renderings, about 40 to 48 inches tall, is too low to deter anyone from entering the parks.

However, Public Works Director Tonya Elliott-Moore said the fence will be the same as the one currently installed at Fernwood, about 60 inches tall.

Council Member Molly Rose does not see how the town could possibly enforce the fence without spending a large amount of money.

“It’s really just on weekends and certain times of the year that it’s an issue,” she said. “I do seriously think we remove the roof. It’s a liability. I don’t think signs alone are going; it always gets down to the point where it’s cheaper to offer them a payoff than to go to court. I say get rid of the roof regardless of what else we do. I think we’re creating a situation here that’s not going to be enforceable.”

Council Member Tom Stroup said from a law-enforcement perspective, the fence is a great idea. 

“I don’t think it’s the ‘catch all;’ I think it’s a great first step,” he said. “I would like to see us move forward with just one step at a time. … I don’t think we should get it muddied up with everything else that we might or might not do in the future. … I think the fence and the passes kind of have to happen at the same time and I think we can figure that out pretty fast. … I think the fence is probably the most practical thing we can do right now and I think it will give the residents the relief that they need and want.”

Council Member Mandy David agreed.

The Town Council directed staff to provide additional information and planning on the fencing. The council will continue to have discussions on access to the parks. 

BACKGROUND

In March, the Town Council provided staff with a list of six items for further exploration. 

The items included obtaining pricing on a fencing and access system for Lake Street and Lake Down parks; determining the process and restrictions for installing the fence; and continuing to work with the Orange County Environmental Protection Division on establishing a swim area, if possible.  

Additional items, such as exploring a non-resident fee option and processes; looking at options for the roof at the boat dock; and exploring patrol officers for the park also were on the list. 

According to staff assessments, installing a metal roof would cost about $5,535, and removing the current roof would cost about $2,840. 

Hiring a part-time employee to help with enforcing the parks would be more than $60,000.

Smith noted the positive impact of the recent gate and access system installation at Fernwood Park.

Smith said Florida Recreation Development Assistance Program grants, funded by the Florida Department of Environmental Protection, were used to make improvements to the Lake Street parks. 

Because of this, he said, the town is not able to return the $127,000 grant, and the park must be accessible to the public because the town utilized public funds. 

However, the town still can restrict access, charge a fee for use, and restrict the days and hours pass-holders can use the park. It also can require a hold-harmless agreement, through which access could be terminated if the parameters are violated.

Smith said adding fencing and access systems would cost $33,240 for Lake Street Park and $15,160 for Lake Down Park.